49 U.S.C. § 47128 | State block grant program

(a)

General Requirements .—

The Secretary of Transportation shall issue guidance to carry out a State block grant program. The guidance shall provide that the Secretary may designate not more than 20 qualified States for each fiscal year to assume administrative responsibility for all airport grant amounts available under this subchapter, except for amounts designated for use at primary airports.

(b)

Applications and Selection .—

A State wishing to participate in the program must submit an application to the Secretary. The Secretary shall select a State on the basis of its application only after—

(1)

deciding the State has an organization capable of effectively administering a block grant made under this section;

(2)

deciding the State uses a satisfactory airport system planning process;

(3)

deciding the State uses a programming process acceptable to the Secretary;

(4)

42 U.S.C. 4321 finding that the State has agreed to comply with United States Government standard requirements for administering the block grant, including the National Environmental Policy Act of 1969 ( et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements; and

(5)

finding that the State has agreed to provide the Secretary with program information the Secretary requires.

(c)

Safety and Security Needs and Needs of System .—

Before deciding whether a planning process is satisfactory or a programming process is acceptable under subsection (b)(2) or (b)(3) of this section, the Secretary shall ensure that the process provides for meeting critical safety and security needs and that the programming process ensures that the needs of the national airport system will be addressed in deciding which projects will receive money from the Government. In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.

(d)

Environmental Analysis and Coordination Requirements .—

A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall—

(1)

coordinate and consult with the State;

(2)

use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; and

(3)

as necessary, consult with the State to describe the supplemental analysis the State must provide to meet applicable Federal requirements.

(e)

Training for Participating States.—

(1)

In general .—

The Secretary shall provide to each State participating in the block grant program under this section training or updated training materials for the administrative responsibilities assumed by the State under such program at no cost to the State.

(2)

Timing .—

The training or updated training materials provided under paragraph (1) shall be provided at least once during each 2-year period and at any time there is a material change in the program.

(f)

Roles and Responsibilities of Participating States.—

(1)

Airports .—

Unless a State participating in the block grant program under this section expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to such program.

(2)

Program documentation.—

(A)

In general .—

Any grant agreement providing funds to be administered under such program shall be consistent with the most recently executed memorandum of agreement between the State and the Federal Aviation Administration.

(B)

Parity .—

The Administrator of the Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Administrator would perform with respect to such action if the State did not participate in the program.

(3)

Responsibilities .—

Unless the State expressly agrees to retain responsibility, the Administrator shall retain responsibility for the following:

(A)

Grant compliance investigations, determinations, and enforcement.

(B)

Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property.

(C)

Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property.

(D)

Land use determinations, compatibility planning, and airport layout plan review and approval (consistent with section 47107(x)) for projects not funded by amounts available under this subchapter.

(E)

Nonaeronautical and special event recommendations and approvals.

(F)

Instrument approach procedure evaluations and determinations.

(G)

Environmental review for projects not funded by amounts available under this subchapter.

(H)

Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements.

Pub. L. 103–272, § 1(e)July 5, 1994108 Stat. 1277 Pub. L. 103–429, § 6(70)Oct. 31, 1994108 Stat. 4387 Pub. L. 104–264, title I, § 147(a)Oct. 9, 1996110 Stat. 3223 Pub. L. 104–287, § 5(84)Oct. 11, 1996110 Stat. 3397 Pub. L. 105–102, § 3(d)(1)(E)Nov. 20, 1997111 Stat. 2215 Pub. L. 106–181, title I, § 138Apr. 5, 2000114 Stat. 85 Pub. L. 112–95, title V, § 502Feb. 14, 2012126 Stat. 103 Pub. L. 115–254, div. B, title I, § 139Oct. 5, 2018132 Stat. 3210 Pub. L. 118–63, title VII, § 720(a)May 16, 2024138 Stat. 1262(, , ; , , ; –(c)(1), , ; , , ; , , ; , , ; , , ; , , ; , (b), , .)

Historical and Revision Notes
Pub. L. 103–272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
47128(a)	49 App.:2227(a) (1st sentence), (b) (1st sentence).	Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 534; added Dec. 30, 1987, Pub. L. 100–223, § 116, 101 Stat. 1507; Nov. 5, 1990, Pub. L. 101–508, § 9114, 104 Stat. 1388–364; Oct. 31, 1992, Pub. L. 102–581, § 116, 106 Stat. 4881.
47128(b)(1)	49 App.:2227(c) (1st, 2d sentences).
47128(b)(2)	49 App.:2227(b) (last sentence).
47128(c)	49 App.:2227(c) (last sentence).
47128(d)	49 App.:2227(a) (last sentence), (d).

December 30, 1987October 1, 1989In subsection (a), the words “Not later than 180 days after ” and “to become effective on ” are omitted as obsolete.

In subsection (b)(1)(A), the words “agency or” are omitted as surplus.

In subsection (b)(1)(D), the words “procedural and other” are omitted as surplus.

In subsection (d), the text of 49 App.:2227(d) is omitted as executed.

Pub. L. 103–429

section 1 of the Act of July 5, 1994 Public Law 103–272 108 Stat. 1278This amends 49:47128(c) to correct an error in the codification enacted by (, ).

Pub. L. 104–287

This makes a clarifying amendment to the catchline for 49:47128(d).

Editorial Notes

References in Text

Pub. L. 91–190Jan. 1, 197083 Stat. 852 section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsec. (b)(4), is , , , which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 118–63, § 720(a)2024—Subsec. (e). , added subsec. (e).

Pub. L. 118–63, § 720(b)Subsec. (f). , added subsec. (f).

Pub. L. 115–2542018—Subsec. (a). substituted “not more than 20 qualified States for each fiscal year” for “not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter”.

Pub. L. 112–95, § 502(a)2012—Subsec. (a). , substituted “issue guidance” for “prescribe regulations” in first sentence and “guidance” for “regulations” in second sentence.

Pub. L. 112–95, § 502(b)42 U.S.C. 4321Subsec. (b)(4). , inserted before semicolon “, including the National Environmental Policy Act of 1969 ( et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements”.

Pub. L. 112–95, § 502(c)Subsec. (d). , added subsec. (d).

Pub. L. 106–1812000—Subsec. (a). substituted “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” for “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter”.

Pub. L. 105–102 Pub. L. 104–287, § 5(84)1997—Subsec. (d). repealed . See 1996 Amendment note below.

Pub. L. 104–264, § 147(c)(1)(A)1996—, substituted “grant program” for “grant pilot program” in section catchline.

Pub. L. 104–264, § 147(a)(1)Subsec. (a). , (c)(1)(B), substituted “block grant program” for “block grant pilot program” and “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter” for “7 qualified States”.

Pub. L. 104–264, § 147(a)(2)September 30, 1993Subsec. (b). , (3), struck out “(1)” before “A State wishing”, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: “For the fiscal years ending –1996, the States selected shall include Illinois, Missouri, and North Carolina.”

Pub. L. 104–264, § 147(b)Subsec. (c). , substituted “(b)(2) or (b)(3)” for “(b)(1)(B) or (C)” and inserted at end “In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.”

Pub. L. 104–287, § 5(84)Pub. L. 105–102Subsec. (d). , which directed amendment of heading by striking “and report”, was repealed by .

Pub. L. 104–264, § 147(c)(1)(C), struck out subsec. (d) which read as follows:

Ending Effective Date and ReportSeptember 30, 1996“(d) .—This section is effective only through .”

Pub. L. 103–4291994—Subsec. (c). substituted “subsection (b)(1)(B) or (C)” for “subsection (b)(2) or (3)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–181Sept. 30, 1999section 3 of Pub. L. 106–181 section 106 of this titleAmendment by applicable only to fiscal years beginning after , see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–102, § 3(d)Nov. 20, 1997111 Stat. 2215Oct. 11, 1996, , , provided that the amendment made by section 3(d)(1)(E) is effective .

Pub. L. 105–102 section 3(f) of Pub. L. 105–102 section 106 of this titleAmendment by effective as if included in the provisions of the Act to which the amendment relates, see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–264Sept. 30, 1996Oct. 1, 1996section 3 of Pub. L. 104–264 section 106 of this titleExcept as otherwise specifically provided, amendment by applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–429July 5, 1994section 9 of Pub. L. 103–429 section 321 of this titleAmendment by effective , see , set out as a note under .